February 19, 2013

Successor Liability Can Flow to New Operator If There is No Showing of an Improvement in Safety in the New Business

The Ohio Administrative Code specifically provides that where one employer succeeds another in a business, in whole or in part, the successor shall assume the predecessor’s […]
February 14, 2013

Employees Who Get Sick from Food Provided at the Workplace May Not Have Workers’ Compensation Coverage

Even though an employee may suffer food poisoning from items eaten at the work site, it does not necessarily mean the person will be provided with […]
February 7, 2013

Spotlight: Potential Pitfalls of Non-Fraternization Policies

Many employers feel that a non-fraternization policy is essential to help protect management and the company from charges of sexual harassment or a hostile work environment […]
February 7, 2013

Ohio Supreme Court Declines to Find Intentional Tort Where Employee was Advised not to Wear Protective Gloves

The current version of Ohio’s employer intentional tort statute requires that the plaintiff demonstrate that the employer committed the tortious act with the intent to injure […]
February 7, 2013

Ohio Court Finds Vegan has Plausible Religious Discrimination Claim

On December 27, 2012, the U.S. District Court for the Southern District of Ohio denied a Defendant’s Motion to Dismiss in favor of the Plaintiff, a […]
January 14, 2013

Cuyahoga County Court of Common Pleas Finds BWC Overcharged Non-Group Rating Employers

After a lengthy deliberation and bench trial that began on August 20, 2012, Judge Richard McMonagle finally issued his long awaited decision on the class action […]
January 11, 2013

Department of Justice Reports that the Number of Whistleblower Suits in the Health Care Area Increased Dramatically in 2012 under the Federal False Claims Act

The Department of Justice recently announced a record breaking level of recoveries in settlements and judgments in civil cases brought under the False Claims Act (FCA) […]
January 4, 2013

Employees May Not Have to Disclose Specific Diagnosis When Providing Documentation Under a Valid Sick Leave or Medical Leave Policy

Employers should be cautious when enforcing their sick leave or medical leave policies if they require their employees to specifically explain or identify the diagnosis of […]
December 27, 2012

Charles Smith and Ryan Bonina Included in Ohio Super Lawyers Magazine Lists

Charles D. Smith & Associates is pleased to announce that Charles D. Smith has been named to the Ohio Super Lawyers list by Ohio Super Lawyers […]